Casa wrote:You can't apply for FLR as you aren't here under the UK Immigration Rules.
Casa's source must be out of date. (Not being in breach of the immigration rules can sometimes substitute for having leave to remain, but it is not a universal principle.)
Limited leave to remain as a partner seems to be the most obvious route.
The most obvious relevant Immigration Rules are E-LTRP.2.1 and E-LTRP.2.2 in
Appendix FM of the rules:
E-LTRP.2.1. The applicant must not be in the UK-
(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings
E-LTRP.2.2. The applicant must not be in the UK –
(a) on temporary admission or temporary release, unless:
(i) the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months prior to the date of application; and
(ii) paragraph EX.1. applies; or
(b) in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less), unless paragraph EX.1. applies.
E-LTRP.2.1 is not a problem, for the OP has no leave to be in the UK! E-LTRP2.2(a) appears not to be an issue. E-LTR2.2(b) is more difficult. As far as I can tell, the OP appears to be here either in accordance with the EEA Regulations (but I think the OP is not), or in breach of the immigration laws (which I think is the case), and so the OP depends on EX.1.
EX.1 depends on being able to argue that it would not be reasonable to expect the children, who are British, to leave the UK, or else that there are insurmountable obstacle to the OP and partner living outside the UK. Opinions differ on how reasonable it would be to require the children to leave the UK.
There might be problems if misrepresentation is claimed over the gaining of the RC, and I am not sure what problems there would be regarding illegal working if the OP is currently in work.
